When you are injured in an accident, it can be a very difficult time. You may be dealing with pain and medical bills, and you may not be able to work. And, if the accident was someone else’s fault, you may be wondering if you have the right to make a personal injury claim.
Making a personal injury claim can be a long and difficult process. It is important to remember that not all cases are successful, and there is no guarantee that you will receive compensation. There are also some things you should avoid doing if you want to increase your chances of success. It is, therefore, essential to have a legal expert by your side right from the start to avoid incriminating yourself.
A personal injury lawyer in Queens or your area can help prevent this and advise you on the best legal action to take. Furthermore, your personal injury attorney can help gather evidence, prepare for a personal injury claim, negotiate with the insurance company, and file a personal injury lawsuit.
Even with a legal expert, you should familiarize yourself with the essential things when making a personal injury claim for a car accident, product defect, or any form of negligence. Here are some important things to remember when making a personal injury claim.
Type of Injury
The type of injury you have will play a big role in your case. To succeed in a personal injury claim, you will need to show that your injuries were caused by someone else’s negligence. Minor injuries, such as bruises or cuts, are less likely to be successful than more serious injuries, such as broken bones or spinal cord damage.
Insurance companies and the court consider medical documents as substantial evidence. Without medical evidence, it’s hard to prove a claim, possibly causing its invalidation. Hence, it is crucial to seek medical help on the same day or when you discover something is wrong, regardless of how minor your injuries are.
Some people think the absence of deep wounds or severe injuries doesn’t need hospitalization. They disregard minor wounds and bruises and settle the claim internally with the other party, only to discover that they later have serious internal injuries, like hemorrhage. Seeking medical attention right after a car accident, medical malpractice, or any case of personal injury allows you to discover injuries that need medical attention and obtain the medical documents necessary to prove the type and severity of the injuries.
Additionally, the injury type will also have a big impact on the legal representatives you need to choose and hire. Many different personal injury lawyers specialize in different types of accidents and injuries.
For example, if you were injured in a car accident, you would need to hire a car accident lawyer. Or, you might need a spinal cord injury lawyer if you’re claiming for injuries sustained in a slip and fall accident. The more specialized the lawyer – the more likely they will have the experience and knowledge needed to get you the compensation you deserve.
Accident Location
The location of your accident will also be important. This is because different states have different laws when it comes to personal injury claims. For example, some states have a “no-fault” rule when it comes to car accidents. This means that you can only claim if your injuries are serious, and you cannot sue the other driver, no matter who was at fault.
Other states have different rules when it comes to premises liability claims. In some states, property owners have a “duty of care” to keep their property safe for visitors. This means that if you are injured on someone else’s property, they may be liable for your injuries.
In Illinois, for example, property owners only have a duty of care if they knew or should have known about the dangerous condition on their property. In New York you may wish to consult a personal injury lawyer in Queens.
So, it is important to know the laws in your state before you make a claim. Otherwise, you might waste a lot of time and money on a case that has no chance of success.
The Accident Report
This report will contain important information about the accident, such as the time and location of the accident, and the names and contact information of any witnesses. The accident report will also include a description of the injuries you sustained.
This report can be used as evidence in your case, so it is important to get a copy of it as soon as possible. You can usually get a copy of the accident report from the police department that responded to the accident. Make sure to get multiple copies, as you will need to give one to your lawyer and one to the insurance company.
Timing
It is important to remember that there is a time limit for making a personal injury claim. This time limit, or “statute of limitations,” varies from state to state. In Illinois, for example, you have two years from the date of the accident to file a personal injury claim.
If you do not file your claim within this time limit, you will be barred from doing so. This means that even if you have a strong case, you will not be able to get compensation for your injuries.
On the other hand, if you try to file your claim too soon, the insurance company might try to take advantage of you. They might offer you a low settlement that is far less than what your case is worth. So, it is important to speak with a personal injury lawyer before accepting any settlements.
Personal injury claims can be a long and difficult process. There are many important things to remember when making a claim, such as the statute of limitations, the importance of witnesses, and the need for a specialized lawyer.
Make sure you do your research before claiming to ensure that you have the best chance of success and getting the compensation you deserve.
